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January 29, 1999

CLA-2-61:RR:NC:WA:361 D86326

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010

Mr. Kevin Maher
C Air Customhouse Brokers
153-66 Rockaway Blvd.
Jamaica, NY 11434

Subject: The tariff classification of pajamas for women from Korea.

Dear Mr. Maher:

In your letter dated December 28, 1998, you requested a tariff classification ruling for a woman’s nightgown on behalf of Boulevard Apparel Group. The sample is being returned, as you requested.

Style 9212 is a pajama set for women constructed from 100% cotton lightweight knit fabric. The pajamas consist of shorts and a top constructed from identical fabric. The tank styled top features a full front opening with a 5 button closure, a U-shaped neckline in front and back with capped edging, armholes that are finished with picot edging, and three inch side slits extending upward from the hemmed bottom of the garment. The shorts feature an elasticized waistband and hemmed bottom.

Based on the appearance of the pajamas, as well as the information you submitted concerning its design and marketing, the set will be sold to the ultimate consumer as sleepwear.

The applicable subheading for the pajamas will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.8 percent ad valorem.

The pajamas fall within the textile category designation 351. Based upon international textile trade agreements, garments imported from Korea are subject to a visa requirement and quota restraints. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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